Key Insight: internal investigations of private companies heavy pressure from the government creates coercive evidence
Nature of Case: criminal case, wire fraud and conspiracy to commit wire fraud and bank fraud
Electronic Data Involved: internal investigations requested by the DOJ and government entities
Keywords: internal investigation, government, DOJ
Key Insight: whether the parties have acted in good faith, which shall relate to both the substance of the parties? accusations of misconduct, as well as the parties? decision to file an accusation of misconduct.
Nature of Case: misappropriation of trade secrets
Electronic Data Involved: emails
Keywords: foxconn, hit2
Key Insight: whether sanctions under Rule 37(e) are appropriate
Nature of Case: Breach of Contract, misappropriation of trade secrets
Electronic Data Involved: USB Drive
Keywords: FS event, usb, lnk files
Key Insight: Whether a subpoenaed third party is entitled to costs and portion of fees before engaging in document processing
Nature of Case: RICO and First Amendment Retaliation
Electronic Data Involved: documents
Keywords: fee shifting, undue burden, costs and fees
Key Insight: whether failure of preserve documents is proof of lost relevant documents for 37(e) sanctions
Nature of Case: Strict product liability
Electronic Data Involved: deleted electronic records
Keywords: superficial cracks
Key Insight: whether sanctions are appropriate where defendant donated plaintiff’s computer per usual practice but after receiving preservation notice
Nature of Case: workplace discrimination
Electronic Data Involved: deleted electronic records
Keywords: sanctions, destruction, failure to preserve
Key Insight: The crime-fraud exception invalidates attorney client privilege protections with regards to an internal investigation of an employee now known to have stolen proprietary documents and shared them with her supervisor.
Nature of Case: Theft of confidential business documents
Electronic Data Involved: database containing proprietary information
Keywords: proprietary information, theft, crime-fraud exception
Key Insight: sexual harassment complaints discoverable
Nature of Case: workplace discrimination
Electronic Data Involved: investigation documents
Keywords: fire department pattern of sexual harassment
Key Insight: whether showing of prejudice is necessary for 37(e) sanctions
Nature of Case: dissolution of business
Electronic Data Involved: emails, deleted electronic records
Keywords: Quickbooks
Key Insight: whether the burden or expense of the proposed discovery outweighs its likely benefit
Nature of Case: trademark infringement
Electronic Data Involved: emails
Keywords: cheapo, cheapoair
Copyright © 2022, K&L Gates LLP. All Rights Reserved.